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Old 21st April 2010, 11:04 AM
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visual/aural/other types of confusion

Source: http://forum.icann.org/lists/gnso-idng/msg00469.html

So I supported, and support, a minimal
report to the Council that in the case of visual confusing similarity perhaps
it should be possible to request an extended evaluation were a Registry can
request the visually similar IDN gTLD based on their ownership of the LDH
ASCII.

________________________

In the case of a name that might be considered confusingly similar based on
something like aural evaluation (i.e. transliteration) or translation I did not
see a problem. Since these criteria are only taken into account when someone
with standing objects on that basis and I would not expect the registry to
object to its own application for being confusingly similar based on meaning.
I figured the chance of that was rare - unless of course it was a question of a
translation for 'commerce' or 'business' claimed by both com and biz - who
would both have standing.
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Old 21st April 2010, 05:29 PM
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Re: visual/aural/other types of confusion

Quote:
visual/aural/other types of confusion
Sounds like a 60's / 70's kinda buzz

Last edited by mulligan; 21st April 2010 at 05:29 PM..
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Old 21st April 2010, 06:25 PM
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Re: visual/aural/other types of confusion

I would suggest that we are now very close to the nub of the argument.

Don't forget, it is only the first level that we are talking about. We are talking about whether dot com or other TLDs are entitled to synchronize or block potential IDN gTLDs.

> 3.1.1 Grounds for Objection
> An objection may be filed on any one of the following four
> grounds:

> String Confusion Objection – The applied-for gTLD string is
> confusingly similar to an existing TLD or to another appliedfor
> gTLD string in the same round of applications.

Well, this bit clearly shows that precedence matters. Existing TLDs clearly have prior claim.

> Which says to me that it is a complex issue, but that visual similarity is
> the predominant factor in determining confusion. And only in cases where you
> can expect the a person to know both languages would meaning enter into the
> issue as a complicating factor. Likewise for phonetic comparisons.
>
> So yes, confusion is the key.
>
> Most can be eliminated based on visual confusion.
>
> And for the others where there really is a complicating factor that may cause
> confusion, then and only then does phonetics and meaning come in - and it
> comes in at the challenge level.

Confusion is also clearly good. The more confusion is recognized then the wider the dot com claim.

Of course their is the dot Biz claim, but generally with TM rights it all boils down to proving which markets you were active in and for how long. I don't really see dot Biz giving dot Com much of a run for its money.

It won't be very long now that everyone is crying foul against those that have registered thousands of dot com IDN. Prepare to become widely unpopular and greatly vilified, not to mention stinking rich.

Quote:
Originally Posted by 555 View Post
Source: http://forum.icann.org/lists/gnso-idng/msg00469.html

So I supported, and support, a minimal
report to the Council that in the case of visual confusing similarity perhaps
it should be possible to request an extended evaluation were a Registry can
request the visually similar IDN gTLD based on their ownership of the LDH
ASCII.

________________________

In the case of a name that might be considered confusingly similar based on
something like aural evaluation (i.e. transliteration) or translation I did not
see a problem. Since these criteria are only taken into account when someone
with standing objects on that basis and I would not expect the registry to
object to its own application for being confusingly similar based on meaning.
I figured the chance of that was rare - unless of course it was a question of a
translation for 'commerce' or 'business' claimed by both com and biz - who
would both have standing.
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Old 21st April 2010, 08:04 PM
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Re: visual/aural/other types of confusion

I thought the problem for 'com' was company or commerce.
and

the problem for biz was business or maybe commercial at the extreme....

At this point, the biggest guns will be the xxxxx.co.jp or xxxxxx.co.kr .
They are going to be very upset that IT and webmasters did not get aggressive with native language generic search terms.
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Old 22nd April 2010, 04:48 AM
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Re: visual/aural/other types of confusion

Quote:
Originally Posted by sbe18 View Post
I thought the problem for 'com' was company or commerce.
and

the problem for biz was business or maybe commercial at the extreme....

At this point, the biggest guns will be the xxxxx.co.jp or xxxxxx.co.kr .
They are going to be very upset that IT and webmasters did not get aggressive with native language generic search terms.
Big guns? They are not even in the game!
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Old 22nd April 2010, 06:26 AM
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Re: visual/aural/other types of confusion

Quote:
Originally Posted by mulligan View Post
Sounds like a 60's / 70's kinda buzz
We're a long way behind here ..... just getting round to it.... next year should be fun
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